$490,000 in the Phen-Fen Class Action Litigation



Product Liability


Chicago, Illinois

In February 2002, Attorney Timothy M. Whiting won an out-of-court settlement in Cook County for $490,000 against American Home Products Corporation, a pharmaceutical company, which manufactured and sold the diet drug, Phen-Fen, to the plaintiff, Renee C. Polasko.

Ms. Polasko was diagnosed and treated for congestive heart failure and permanent valve damage to the atrial valves of her heart following a prescribed course of the drug. The plaintiff was in her late-40’s at the time of being prescribed the drug, was in perfect health and suddenly developed severe congestive heart failure and cardiac arrest. Fortunately, she was immediately and properly treated for her condition and survived. However, she requires continued observation of her heart, as it was permanently damaged as a result of the drug use, Phen-Fen.

American Home Products Corporation disputed the case on the premise that the connection between congestive heart failure and the use of the drug was unrelated. After hiring the top experts in the country, Mr. Whiting and Whiting Law Group established the causal link between the use of the drug and congestive heart failure in Ms. Polasko’s case. As a result, the firm obtained the highest amount of a settlement available in a case of its kind.

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